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How to Appeal Revoked or Denied FOID


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On 1/30/2023 at 3:32 PM, FredNickl said:

1. Ask ISP to reset your portal so you can reapply.

2. Reapply and include a Mental Health Certification form (1 page form, on their website) completed by a qualified MH examiner

3. If the MH Certification form says you're not dangerous, ISP will automatically grant your new application.

How do I ask ISP to reset my portal? My Physician has mailed the MH Cert over a month ago. 

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On 2/7/2023 at 7:59 PM, MonZR said:

Are we technically granted relief if we are passed 5 years for MH? I believe that I’ve read that somewhere. Unless I’m wrong. 

No. You need to file an appeal. With that, you need a mental health assessment.  Dr.  Needs to actually send everything directly to ISP- not you. Maybe your Dr. will do it. A lot won’t and you need to pay someone to evaluate you. If in northern Illinois, I can’t recommend Dr. Mark Brenzinger enough. Still going on a 5 month wait here, but he assures me that no one he has ever evaluated with MH over 5 yrs has lost an appeal. 

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On 2/7/2023 at 7:23 AM, FredNickl said:

I'm running into that problem myself; a simple email request is supposed to do it, but it's not working right now. I have to escalate it this week for my cases.

This is what I have received so far, my document was mailed at the end of December is this a matter where the FCRB will need to tend to? Or will ISP grant me relief? 

AF0CF0A7-A018-47CD-B856-4546CD96E3A8.jpeg

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On 2/7/2023 at 9:33 PM, CFREUND01 said:

Some Drs. won’t do it.  My General Practitioner wouldn’t, because he’s so left, he leans. Very anti-gun. 

 

Could have been worse.  He could have agreed and in turn written an unfavorable eval...

 

The whole evaluation from *any* doctor (and not one that specializes in behavior health) is further proof the over 5 years facet is BS.  They wouldn't be considered qualified in any way for any other mental health matter.

Edited by hceuterpe
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On 2/7/2023 at 9:47 PM, hceuterpe said:

 

Could have been worse.  He could have agreed and in turn written an unfavorable eval...

 

The whole evaluation from *any* doctor (and not one that specializes in behavior health) is further proof the over 5 years facet is BS.  They wouldn't be considered qualified in any way for any other mental health matter.

It was no big deal to me.  People are entitled to their beliefs/ opinions, even if mine are different than theirs.  I’ve been seeing him for 20+ yrs, so I know he wouldn’t falsify anything. Paid not too much to get it done, so not a huge deal to me.  Say you go see your reg Dr. or go to the ER, Any Dr. can assess if they believe you are a danger to yourself or others, so yeah, all Drs. have that legislative authority. 

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On 2/8/2023 at 9:29 AM, AlexK said:

Good news from me!

 

My FOID changed status to active yesterday. FOID was revoked in August due to incident from over 5 years ago.  Appeal was sent a few months ago and Mental Health Evaluation (5 or more years case) was sent in by the doctor in mid October. 

 

Did you have to do anything? Still waiting, sent mine in August, it's good to hear they are processing *anyone* with 5+ years cases, gives me some hope, but I keep feeling like I didn't send in enough (Dr. Brenzinger sent in my forms and since then just been waiting). Did you contact anyone? Did you have to reset anything (I am so confused by this)? Let me know. I am *this* close to hiring a lawyer to intervene on my behalf, but I just want the card. I am approaching 6 months.

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On 2/8/2023 at 10:04 AM, Needanswertoquestionmoving said:

Did you have to do anything? Still waiting, sent mine in August, it's good to hear they are processing *anyone* with 5+ years cases, gives me some hope, but I keep feeling like I didn't send in enough (Dr. Brenzinger sent in my forms and since then just been waiting). Did you contact anyone? Did you have to reset anything (I am so confused by this)? Let me know. I am *this* close to hiring a lawyer to intervene on my behalf, but I just want the card. I am approaching 6 months.

I sent in Request For FOID Investigation form in late December https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-707 11-20 Request FOID Investigation Relief Reinstatement Firearms Rights Form.pdf

I sent in the FOID and Fiream disposition form in August after my FOID was revoked.

Dr. Brenzinger sent in my mental health cert in mid October. 
This is all I sent. 
Also I sent an email inquiring about my case to the new board email address last week, and today I received response that my FOID is active as of 02/07/2023. 
Hopefully you are next!

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On 2/8/2023 at 10:12 AM, AlexK said:

I sent in Request For FOID Investigation form in late December https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-707 11-20 Request FOID Investigation Relief Reinstatement Firearms Rights Form.pdf

I sent in the FOID and Fiream disposition form in August after my FOID was revoked.

Dr. Brenzinger sent in my mental health cert in mid October. 
This is all I sent. 
Also I sent an email inquiring about my case to the new board email address last week, and today I received response that my FOID is active as of 02/07/2023. 
Hopefully you are next!

Yes, this should be automatic going forward. For over 5 year prohibitors, if mental health cert is positive (approve of you), then ISP gives you FOID.

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On 2/8/2023 at 9:29 AM, AlexK said:

Good news from me!

 

My FOID changed status to active yesterday. FOID was revoked in August due to incident from over 5 years ago.  Appeal was sent a few months ago and Mental Health Evaluation (5 or more years case) was sent in by the doctor in mid October. 

 

So your FOID was revoked in August 2022 for something that happened 5 years prior? And that time counter for 5 years? Not from when the FOID was revoked ?

I have a family member this also happened to in July after the Governors emergency red flag ruling 

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On 2/8/2023 at 10:17 AM, joker said:

So your FOID was revoked in August 2022 for something that happened 5 years prior? And that time counter for 5 years? Not from when the FOID was revoked ?

I have a family member this also happened to in July after the Governors emergency red flag ruling 

Yes exactly. It was revoked in 08/2022 for incident from 10/2017. 

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On 2/8/2023 at 10:16 AM, FredNickl said:

Yes, this should be automatic going forward. For over 5 year prohibitors, if mental health cert is positive (approve of you), then ISP gives you FOID.

Do you have to send in the FOID investigation form? Mine was never revoked (I never had one), so only the over 5 years certification is needed, correct? That is what I have had sent in.

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On 2/8/2023 at 10:31 AM, joker said:

how do I find out for what,  it was a clear and present danger, no arrests or convictions law enforcement asked about a video made years ago, no paperwork given

I was in the same spot. I thought really hard what could have been. I had one incident with police, no arrest, no charges, no court etc. But it was the only thing I could think of.
So I sent FOIA request to that police department requesting any incident reports that they had on me from that year. 
They sent me the report from that day and on the bottom it was stated that they filled C&PD with ISP.

I waited for 5 years to pass from that incident and then started the appeal process. 

 

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the police were never involved,  there is no date when the video was made, so nobody knows anything about this

The video could have been made 10 years ago, who is to say, there is no date for the occurrence, nobody knows when this occurred except the accused

the video resurfaced right after highland park and, and sent to the FBI, to discredit a law abiding citizen, as well as being sent to his employer, and customers of his employer

 

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  • 1 month later...

I apologize in advance if this has already been covered.

I applied for and was denied my FOID request. I appealed and got denied again. ISP cited "IVC Felonies 12/31/86" in my county.

Years ago I applied for, and was granted an expungement for my criminal records (as of 09-14-2014). I received a letter from ISP dated 05/07/2014 denying my requests for all of the cases to be expunged/sealed. Three months later I received another letter from ISP dated 08/04/2014 that shows ISP granting and sealing all prior charges/cases.

Can I still be denied? I do not understand why I am being denied. Can someone help me figure this out?

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Inegron, if the felony convictions were expunged (and NOT just sealed), then you need to request a Records Challenge with ISP. These don't go to the new FOIDRB, so you'll get it actioned quicker because the FOIDRB is still backlogged. The Records Challenge checklist is on the ISP website. Include your Order of Expungement with the submission. These aren't too complicated, though some guys find it hard to describe the past actions and why ISP made a mistake. You should be OK. Good luck,

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